jswizzle3737/ontario_laws_and_regs huggingface dataset:
Board, composition
2. (1) The Ontario Energy Board is continued under the name Ontario Energy Board in English and Commission de l’énergie de l’Ontario in French and shall consist of as many members, not fewer than five, as the Lieutenant Governor in Council may from time to time determine. Appointment (2) The members of the Board shall be appointed by the Lieutenant Governor in Council, and one of them shall be designated chair and one or more of them may be designated vice-chair. Vacancies (3) Vacancies in the membership of the Board caused by death, resignation or otherwise may be filled by the Lieutenant Governor in Council. Quorum (4) Two members of the Board form a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Board whether or not a vacancy in the membership of the Board exists. R.S.O. 1990, c. O.13, s. 2. One member panels (5) The chair or vice-chair may in writing authorize one member of the Board to hear and determine any matter and, for that purpose, the member has all the jurisdiction and powers of the Board. 1997, c. 37, s. 3 (1).
Secretary
3. (1) A secretary of the Board and such assistant secretaries as are considered necessary may be appointed under the Public Service Act. Acting secretary (2) Where the office of secretary is vacant or in his or her absence or inability to act, the Board may designate a member of the Board or an assistant secretary to act as temporary secretary. R.S.O. 1990, c. O.13, s. 3.
Staff
4. The staff of the Board shall consist of such officers and employees as are considered necessary. R.S.O. 1990, c. O.13, s. 4.
Power to administer oaths
5. Every member of the Board and its secretary has, for the purposes of this Act and every other Act under which the Board functions, the same powers as a commissioner for taking affidavits in Ontario. R.S.O. 1990, c. O.13, s. 5.
Protection from being called as witnesses
6. (1) No member of the Board or its secretary or any of its staff shall be required to give testimony in any proceedings with regard to information obtained by him or her in the discharge of his or her official duties. Protection from personal liability (2) No member of the Board or its secretary or any of its staff is personally liable for anything done by it or by him or her under the authority of this or any other Act. R.S.O. 1990, c. O.13, s. 6.
Fees for documents, etc.
7. The Board may, with the approval of the Minister, establish and charge fees for copies of orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a member of the Board or the secretary of the Board. 1997, c. 37, s. 3 (2).
Assistance
8. The Board may appoint from time to time one or more persons having technical or special knowledge of any matter in question to inquire into and report to the Board and to assist the Board in any capacity in respect of any matter before it. R.S.O. 1990, c. O.13, s. 8.
Annual report
9. (1) The Board shall make a report annually to the Minister containing such information as the Minister may require. Idem (2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at its next session. R.S.O. 1990, c. O.13, s. 9.
Seal
10. The Board shall adopt an official seal. R.S.O. 1990, c. O.13, s. 10.
Signing of orders
11. (1) All orders made by the Board shall be signed by the chair, a vice-chair, the secretary or an assistant secretary and sealed with the seal of the Board, and, when purporting to be so signed and sealed, shall be judicially noticed without further proof. Orders not regulations (2) The Regulations Act does not apply to the orders of the Board. R.S.O. 1990, c. O.13, s. 11.
Assignment of authority
12. No authority given by the Board under this or any other Act shall be assigned without the leave of the Board. R.S.O. 1990, c. O.13, s. 12.
Power to determine law and fact
13. (1) The Board has in all matters within its jurisdiction authority to hear and determine all questions of law and of fact. Applications (2) Subject to section 26 and subsection 35 (2), where a proceeding before the Board is commenced by the filing of an application, the Board shall proceed by order. References (3) Where a proceeding before the Board is commenced by a reference to the Board by the Minister or by the Minister of Natural Resources, the Board shall proceed in accordance with the reference. Orders in council (4) Where a proceeding before the Board is commenced by requirement of the Lieutenant Governor in Council, the Board shall proceed in accordance with the requirement. R.S.O. 1990, c. O.13, s. 13 (1-4). Additional powers and duties as on applications (5) The Board of its own motion may, and upon the request of the Minister shall, inquire into, hear and determine any matter that under this Act or the regulations it may upon an application inquire into, hear and determine, and in so doing the Board has and may exercise the same powers as upon an application. R.S.O. 1990, c. O.13, s. 13 (5); 1997, c. 37, s. 3 (3). Jurisdiction exclusive (6) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this or any other Act. R.S.O. 1990, c. O.13, s. 13 (6).
Powers of Court exercisable by Board
14. The Board for the due exercise of its jurisdiction and powers and otherwise for carrying into effect this or any other Act has all such powers, rights and privileges as are vested in the Ontario Court (General Division) with respect to the amendment of proceedings, addition or substitution of parties, attendance and examination of witnesses, production and inspection of documents, entry on and inspection of property, enforcement of its orders and all other matters necessary or proper therefor. R.S.O. 1990, c. O.13, s. 14.
Board’s powers, miscellaneous
15. (1) The Board may at any time on its own motion and without a hearing approve the form of a document or give directions or require the preparation of evidence incidental to the exercise of the powers conferred upon the Board by this or any other Act. Orders without notice (2) The Board, if it is satisfied that the special circumstances of the case so require or that the delay necessary to give notice of an application might entail serious mischief, may make an order without notice respecting the practice and procedure in any proceeding before it. Hearing upon notice (3) Subject to subsections (1) and (2) of this section, subsection 19 (11), subsection 22 (2), section 23 and subsection 46 (3) of this Act and to the Energy Act, the Board shall not make any order or proceed in accordance with any reference or order in council under this or any other Act until it has held a hearing upon notice in such manner and to such persons as the Board may direct. Proceedings, public (4) Every proceeding before the Board shall be open to the public. place of (5) The Board may hear any application or deal with any matter at any place in Ontario that it appoints. use of court house (6) Where sittings of the Board are to be held in a municipality in which a court house is situate, the Board and its members have in all respects the same authority and right as a judge of the Ontario Court (General Division) with respect to the use of the court house and any part thereof and of other buildings and rooms set aside in the municipality for the administration of justice. use of municipal hall (7) Where sittings of the Board are to be held in a municipality in which there is a hall belonging to the corporation thereof, but no court house, the corporation shall, upon request, allow such sittings to be held in such hall and shall make all arrangements necessary and suitable for such purpose. adjournment and interim orders (8) The Board may adjourn any proceeding from time to time and may make interim orders pending the final disposition of the matter before it. R.S.O. 1990, c. O.13, s. 15.
Terms and conditions of orders
16. The Board in making an order may impose such terms and conditions as it considers proper, and an order may be general or particular in its application. R.S.O. 1990, c. O.13, s. 16.
Reasons for decision
17. (1) Where an application has been opposed, the Board shall prepare written reasons for its decision. Idem (2) Where an application has been unopposed, the Board may, and at the request of the applicant shall, prepare written reasons for its decision. R.S.O. 1990, c. O.13, s. 17 (1, 2). Idem (3) All written reasons of the Board shall be kept by the secretary or an assistant secretary and made available to any person upon payment of the required fee. R.S.O. 1990, c. O.13, s. 17 (3); 1997, c. 37, s. 3 (4).
Obedience to orders of Board a good defence
18. An order of the Board is a good and sufficient defence to any proceeding brought or taken against any person in so far as the act or omission that is the subject of the proceeding is in accordance with the order. R.S.O. 1990, c. O.13, s. 18.
Prohibition
20. No person shall inject gas for storage into a geological formation unless the geological formation is within a designated gas storage area and unless, in the case of gas storage areas designated after the 31st day of January, 1962, authorization so to do has been obtained under section 21 or its predecessor. R.S.O. 1990, c. O.13, s. 20.
Authority to store
21. (1) The Board by order may authorize a person to inject gas into, store gas in and remove gas from a designated gas storage area, and to enter into and upon the land in the area and use the land for such purposes. Right to compensation (2) Subject to any agreement with respect thereto, the person authorized by an order under subsection (1), (a) shall make to the owners of any gas or oil rights or of any right to store gas in the area fair, just and equitable compensation in respect of such gas or oil rights or such right to store gas; and (b) shall make to the owner of any land in the area fair, just and equitable compensation for any damage necessarily resulting from the exercise of the authority given by such order. Determination of amount of compensation (3) No action or other proceeding lies in respect of compensation payable under this section and, failing agreement, the amount thereof shall be determined by the Board. Appeal (4) An appeal within the meaning of section 31 of the Expropriations Act lies from a determination of the Board under subsection (3) to the Divisional Court, in which case that section applies and section 32 of this Act does not apply. R.S.O. 1990, c. O.13, s. 21.
Allocation of surplus storage facilities
22. (1) Upon the application of a transmitter or distributor, the Board, by order, may direct a storage company having storage capacity and facilities that are not in full use to provide all or part of such storage capacity and facilities for the applicant upon such terms and conditions as may be determined by the Board. Gas storage agreements to be approved (2) No storage company shall enter into any agreement or renew any agreement with any person with respect to the storage of gas unless, (a) the parties to the agreement or renewal; (b) the period for which the agreement or renewal is to be in operation; and (c) the storage that is the subject of the agreement or renewal, have first been approved by the Board with or without a hearing. R.S.O. 1990, c. O.13, s. 22.
Referral to Board of application for well licence
23. (1) The Minister shall refer to the Board every application for the granting of a licence relating to a well in a designated gas storage area, and the Board shall report to the Minister on it. Hearing (1.1) The Board may hold a hearing before reporting to the Minister if the applicant does not have authority to store gas in the area or, in the opinion of the Board, the special circumstances of the case require a hearing. 1996, c. 30, s. 72 (1). Copy of report to be sent to parties (2) The Board shall send to each of the parties a copy of its report to the Minister made under subsection (1) within ten days after submitting it to the Minister and such report shall be deemed to be a decision of the Board within the meaning of section 33. R.S.O. 1990, c. O.13, s. 23 (2). Minister’s decision (2.1) The Minister shall grant or refuse to grant the licence in accordance with the report. 1996, c. 30, s. 72 (2). Definition (3) In this section, “Minister” means the Minister of Natural Resources. R.S.O. 1990, c. O.13, s. 23 (3).
Allocation of market demand and joining interests in spacing units and pools
24. The Board by order may, (a) allocate a just and equitable share of the market demands for gas or oil to the several sources from which such gas or oil is produced and to the several interests within a field or pool; . .  .  .  . R.S.O. 1990, c. O.13, s. 24; 1996, c. 30, s. 72 (3). Note: The Mining and Lands Commissioner appointed under the Ministry of Natural Resources Act may give any approval required by an order that was made under clause 24 (b) or (c) of this Act before June 27, 1997. See: 1996, c. 30, s. 76.
Discontinuation of gas supply
25. Subject to the Public Utilities Act and to the Energy Act, and in the absence of an agreement to the contrary between the parties affected, no transmitter shall voluntarily discontinue transmitting gas to a distributor without the leave of the Board, and no distributor shall voluntarily discontinue distributing gas by pipe line to a consumer without the leave of the Board. R.S.O. 1990, c. O.13, s. 25.
Disposition of gas systems and acquisition of share control
26. (1) No gas transmitter, gas distributor or storage company, without first obtaining the leave of the Lieutenant Governor in Council, shall, (a) sell, lease, convey or otherwise dispose of its gas transmission, gas distribution or gas storage system, or any part thereof that is used or useful in serving the public, as an entirety or substantially as an entirety; or (b) amalgamate with any other company. Acquisition of share control (2) No person, without first obtaining the leave of the Lieutenant Governor in Council, shall acquire such number of any class of shares of a gas transmitter, gas distributor or storage company that together with shares already held by such person or by such person and an associate or associates of such person will in the aggregate exceed 20 per cent of the shares outstanding of that class of the gas transmitter, gas distributor or storage company. Mortgages (3) This section does not apply to a mortgage or charge to secure any loan or indebtedness or to secure any bond, debenture or other evidence of indebtedness. Public hearing (4) An application for leave under this section shall be made to the Board, which shall hold a public hearing and submit its report and opinion to the Lieutenant Governor in Council. Definition (5) Despite any other provision of this Act, in this section, “associate”, when used to indicate a relationship with any person or company, means, (a) a person who has the power to direct or cause to be directed the management and policies of the company; (b) a company whose management and policies the person has the power to direct or to cause to be directed; (c) another company whose management and policies are subject to a power to direct or to cause to be directed by a person who also has power to direct or cause to be directed the management and policies of the company; (d) a partner of that person or company acting by or for the partnership of which they are both partners; (e) a trust or estate in which such person or company has a substantial beneficial interest or as to which such person or company serves as trustee or in a similar capacity; (f) a person of the opposite sex to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (g) a son or daughter of the person; (h) a relative of the person or of a person mentioned in clause (f), other than a person described in clauses (f) and (g), who has the same home as the person; or (i) any person who is obligated to act in concert with such person in exercising voting rights in respect of the shares of a company. R.S.O. 1990, c. O.13, s. 26.
Rules and regulations of Board
27. (1) Subject to the approval of the Lieutenant Governor in Council, the Board may, (a) make rules regulating its practice and procedure; (b) prescribe classes of distributors, transmitters and storage companies; (c) require and provide for the making of returns, statements or reports by any class of distributors, transmitters or storage companies, or any associates thereof, in such form, and containing such matters and verified in such manner, as the Board may prescribe; (d) prescribe a uniform system of accounts applicable to any class of distributors, transmitters or storage companies. R.S.O. 1990, c. O.13, s. 27 (1). Idem, uniform system of accounts (2) Any uniform system of accounts prescribed under clause (1) (d) may require the approval, consent or determination of the Board, with or without a hearing, in respect of any of the matters provided for in such system. R.S.O. 1990, c. O.13, s. 27 (2); 1997, c. 37, s. 3 (6).
Costs
28. (1) The costs of and incidental to any proceeding before the Board are in its discretion and may be fixed in any case at a sum certain or may be assessed. R.S.O. 1990, c. O.13, s. 28 (1); 1997, c. 37, s. 3 (7). Idem (2) The Board may order by whom and to whom any costs are to be paid and by whom they are to be assessed and allowed. R.S.O. 1990, c. O.13, s. 28 (2); 1997, c. 37, s. 3 (7). Idem (3) The Board may prescribe a scale under which such costs shall be assessed. R.S.O. 1990, c. O.13, s. 28 (3); 1997, c. 37, s. 3 (7). Idem (4) In this section, the costs may include the costs of the Board, regard being had to the time and expenses of the Board. Considerations not limited (5) In awarding costs, the Board is not limited to the considerations that govern awards of costs in any court. Idem (6) Subsection (5) applies only to hearings in relation to which public notice of hearing was first given after the 1st day of April, 1989. R.S.O. 1990, c. O.13, s. 28 (4-6).
Enforcement of orders
29. (1) A certified copy of any order made by the Board, exclusive of the reasons therefor, may be filed in the office of the Registrar of the Ontario Court (General Division), whereupon the order shall be entered in the same way as a judgment or order of that court and is enforceable as such. Effect of filing (2) Any order so filed may be rescinded or varied by the Board at any time in the manner provided in section 30. Direction to sheriff (3) An order of the Board requiring a person to pay money to the Board, to any party to a proceeding before the Board or to any other person as costs or otherwise may be enforced by a written direction from the Board to the sheriff for any county or district endorsed upon or annexed to a certified copy of the order. Effect of direction (4) The sheriff receiving such a direction shall levy the amount named therein with his or her costs and expenses in like manner and with the same power as if the endorsed order were an execution issued out of the Ontario Court (General Division) against the goods of the person named in the order, and the order so endorsed constitutes a lien and charge upon the property, or the interest therein of the person named in the order, that is situate in such county or district to the same extent and in the same manner as the property would be bound by the filing with the sheriff of an execution issued after judgment of the Ontario Court (General Division). Land titles (5) Where the person named in any such order holds lands or any interest therein that is registered in a land registry office, the Board may register a certified copy of the order with the proper land registrar, and, when so registered, it constitutes a lien and charge upon the land to the same extent and in the same manner as an execution issued after judgment in the Ontario Court (General Division) and registered with the proper land registrar. Idem (6) The amount ordered to be paid by any order registered under subsection (5) may be realized in the same manner and by the same proceedings with necessary modifications as the amount of any registered execution of the Ontario Court (General Division). R.S.O. 1990, c. O.13, s. 29.
Power to review
30. The Board may at any time and from time to time rehear or review any application before deciding it, and may by order rescind or vary any order made by it. R.S.O. 1990, c. O.13, s. 30.
Stated case
31. (1) The Board may, at the request of the Lieutenant Governor in Council or of its own motion or upon the application of any party to proceedings before the Board and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that, in the opinion of the Board, is a question of law. Idem (2) The Divisional Court shall hear and determine the stated case and remit it to the Board with the opinion of the court thereon. R.S.O. 1990, c. O.13, s. 31.
Appeal to Divisional Court
32. (1) An appeal lies to the Divisional Court from any order of the Board upon a question of law or jurisdiction, but no such appeal lies unless leave to appeal is obtained from the court within 30 days of the making of the order sought to be appealed from or within such further time as the court under the special circumstances of the case allows. R.S.O. 1990, c. O.13, s. 32 (1); 1997, c. 37, s. 3 (8). Board may be heard (2) The Board is entitled to be heard by counsel or otherwise upon the argument of an appeal. Board to act on court’s opinion (3) The Divisional Court shall certify its opinion to the Board and the Board shall make an order in accordance with such opinion, but in no case shall such order be retroactive in its effect. Board not liable for costs (4) The Board, or any member thereof, is not liable for costs in connection with any appeal or application for leave to appeal under this section. Order to take effect despite appeal (5) Every order made under section 19 takes effect at the time prescribed in the order, and its operation is not suspended by an appeal. Proviso (6) This section does not apply to an order made by the Board in respect of the conduct of a proceeding under section 37. R.S.O. 1990, c. O.13, s. 32 (2-6).
Lieutenant Governor in Council may confirm, vary or rescind orders
33. Upon the petition of any party or person interested, filed with the Clerk of the Executive Council within twenty-eight days after the date of any order or decision of the Board, the Lieutenant Governor in Council may, (a) confirm, vary or rescind the whole or any part of such order or decision; or (b) require the Board to hold a new public hearing of the whole or any part of the application to the Board upon which such order or decision of the Board was made, and the decision of the Board after the public hearing ordered under clause (b) is not subject to petition under this section. R.S.O. 1990, c. O.13, s. 33.
Offences
34. (1) Every person who contravenes any provision of this Act or the regulations or any order of the Board is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000 for each day over which the offence continues or to imprisonment for a term of not more than two years less a day, or to both. R.S.O. 1990, c. O.13, s. 34 (1). (2) Repealed: 1997, c. 37, s. 3 (9).
Regulations
35. (1) The Lieutenant Governor in Council may make regulations, (a) limiting, restricting or taking away any rights to use or consume gas without charge or at a reduced rate; (b) requiring the Board to approve or fix rates or other charges under section 19; (c) providing for compensation procedure for the owners of gas or oil rights and the rights to store gas and for the owners of land who are referred to in subsection 21 (2); (d) prescribing the duties of the secretary, assistant secretary and officers of the Board; (e) prescribing forms and providing for their use; (f) prescribing fees payable to the Board; (g) upon the recommendation of the Board, designating any area as a gas storage area; (h) exempting any person from the operation of or compliance with any provision of this Act; (i) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Gas storage areas (2) An application for a regulation designating a gas storage area shall be made to the Board, which shall hold a hearing thereon and make its recommendation to the Lieutenant Governor in Council. R.S.O. 1990, c. O.13, s. 35.
References
36. The Lieutenant Governor in Council may require the Board to examine and report on any question respecting energy that, in the opinion of the Lieutenant Governor in Council, requires a public hearing. R.S.O. 1990, c. O.13, s. 36.
Definitions
38. In this Part, “consumer” includes a distributor who purchases all or part of the distributor’s supply of gas from another distributor; (“consommateur”) “distributor” means a person who supplies gas to a consumer. (“distributeur”) R.S.O. 1990, c. O.13, s. 38.
Distributor to comply with approved allocation plan
39. (1) Where an allocation plan governing a distributor is approved by the Board, the distributor shall supply gas only in accordance with the allocation plan. Filing by distributor (2) Every distributor, at such times as may be prescribed by the regulations, shall file with the Board, (a) an estimate of the quantity of gas that will be available to the distributor to supply the requirements of its consumers for gas; and (b) the distributor’s proposed plan for the allocation of the gas referred to in clause (a), for such periods of time as may be prescribed by the regulations. Approval of allocation plan (3) The Board shall consider the proposed allocation plan filed by a distributor together with any objection or submission filed with respect thereto and shall by order approve the plan with or without such modifications or additions thereto as the Board shall determine. Amendment of approved allocation plan (4) The Board, subject to the same procedures as nearly as possible as apply to the approval of proposed allocation plans, may by order amend an approved allocation plan on its own motion upon notice to the distributor governed by the approved allocation plan or on the application of the distributor governed by the approved allocation plan. R.S.O. 1990, c. O.13, s. 39.
Board may order assistance to distributor
40. Upon application, the Board may, after a hearing, direct a distributor to make available to another distributor such amount of gas, or any class thereof, and by such means, including sale, loan or otherwise, and on such terms and conditions, including compensation, and to be used by the receiving distributor in such manner, as may be determined by the Board. R.S.O. 1990, c. O.13, s. 40.
Compliance with regulation, etc.
41. Despite section 25 of this Act and section 55 of the Public Utilities Act, (a) every distributor affected by a regulation, an order of the Board or an allocation plan approved under this Part, and every consumer affected by an order of the Board, shall comply therewith in accordance with its terms despite anything in any contract between a distributor and a consumer; and (b) no action shall be brought against a distributor and a distributor shall not be liable for an act or omission in respect of the supply of gas or the failure to supply gas in so far as such act or omission is authorized, permitted or required by this Part, the regulations, an order of the Board or an allocation plan approved by the Board under this Part. R.S.O. 1990, c. O.13, s. 41.
Prohibition
42. (1) Subject to subsection (2) and the regulations, no person, except a distributor, shall use gas in Ontario that has not been acquired from a distributor. Exception (2) Subsection (1) does not apply to the operator of a pipeline as defined in the National Energy Board Act (Canada). R.S.O. 1990, c. O.13, s. 42.
Order to take effect despite appeal
43. Every order made under this Part takes effect at the time prescribed in the order and the operation of the order is not suspended by an appeal or an application under the Judicial Review Procedure Act. R.S.O. 1990, c. O.13, s. 43.
Regulations
44. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing a system or systems of priorities that, subject to any order of the Board and any allocation plan approved by the Board, shall be complied with by distributors in the supply of gas to consumers; (b) prescribing times and periods of time for the purposes of subsection 39 (2); (c) specifying principles, criteria or factors that shall be followed by distributors in formulating and implementing allocation plans; (d) prescribing additional information and material to be contained in an allocation plan, or to be supplied in support of the plan; (e) prescribing the form in which an allocation plan shall be prepared and filed; (f) prescribing the procedures for notification to consumers and classes of consumers affected by a proposed plan and for inspection of the plan; (g) prescribing the procedures for the filing of objections or submissions in respect of any allocation plan with the Board and for the inspection of such objections or submissions; (h) prescribing the procedures for the implementation of approved allocation plans by distributors; (i) respecting the manner in which notice of allocation plans, proposed or approved, shall be given to the public; (j) respecting any other matter necessary or advisable to provide for situations in which the supply of gas available for use in Ontario is not sufficient to supply all of the requirements of consumers of gas in Ontario so as to carry out effectively the intent and purpose of this Part. Idem (2) A regulation made under this Part may be general or particular in its application and may apply to any class of distributors, to any class of gas and to any class of consumers. R.S.O. 1990, c. O.13, s. 44.
Commencement
45. This Part does not come into force until a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. O.13, s. 45. PART III   PIPE LINES
Leave to construct a transmission line
46. (1) No person shall construct a transmission line without first obtaining from the Board an order granting leave to construct the transmission line. Exception (2) Subsection (1) does not apply to the relocation or reconstruction of a transmission line unless the size of the line is changed or unless the acquisition of additional land or authority to use additional land is necessary. Exception (3) The Board may, if in its opinion the special circumstances of a particular case so require, without a hearing exempt a person from the requirements of subsection (1). R.S.O. 1990, c. O.13, s. 46.
Leave to construct in other cases
47. Any person may, before constructing a production line, distribution line or station, apply to the Board for an order granting leave to construct the production line, distribution line or station. R.S.O. 1990, c. O.13, s. 47.
Route map
48. (1) An applicant for an order granting leave to construct a transmission line, production line, distribution line or a station shall file with the application a map showing the general location of the proposed line or station and the municipalities, highways, railways, utility lines and navigable waters through, under, over, upon or across which the proposed line is to pass. R.S.O. 1990, c. O.13, s. 48 (1). Notice (2) Notice of the application shall be given by the applicant in such manner and to such persons as the Board may direct. 1997, c. 37, s. 3 (10). Objections (3) Where an interested person desires to make objection to the application, such objection shall be given in writing to the applicant and filed with the Board within fourteen days after the giving of notice of the application and shall set forth the grounds upon which such objection is based. Reply (4) A reply to an objection may be given to the objector in writing and filed with the Board within fourteen days after the giving of the objection. Hearing (5) Where an application is opposed, it shall not be heard for at least thirty days after the day on which it was filed with the Board. Idem (6) Where an application is unopposed, it shall not be heard for at least fourteen days after the day on which it was filed with the Board. Notice of hearing (7) Notice of the time and place fixed by the Board for the hearing shall be given in accordance with subsection (2). Power to grant leave (8) Where after the hearing the Board is of the opinion that the construction of the proposed line or station is in the public interest, it may make an order granting leave to construct the line or station. Agreements (9) Leave to construct the line or station shall not be granted until the applicant satisfies the Board that it has offered or will offer to each landowner an agreement in a form approved by the Board. Right to enter land (10) Any person to whom the Board has granted leave to construct a line or station, and the officers, employees and agents of the person may enter into or upon any land at the intended location of any part of the line or station and may make such surveys and examinations as are necessary for fixing the site of the line or station, and, failing agreement, any damages resulting therefrom shall be determined in the manner provided in section 50. R.S.O. 1990, c. O.13, s. 48 (3-10).
Expropriation
49. (1) Any person who has leave to construct a line or station under this Part or a predecessor of this Part may apply to the Board for authority to expropriate land for the purposes of the line or station, and the Board shall thereupon set a date for the hearing of such application, and such date shall be not fewer than fourteen days after the date of the application, and upon such application the applicant shall file with the Board a plan and description of the land required, together with the names of all persons having an apparent interest in the land. Procedure (2) The applicant shall serve notice of the application and notice of the hearing on such persons and in such manner as the Board may direct. Power to make order (3) Where after the hearing the Board is of the opinion that the expropriation of the land is in the public interest, it may make an order authorizing the applicant to expropriate the land. R.S.O. 1990, c. O.13, s. 49.
Determination of compensation
50. Where compensation for damages is provided for in this Part and is not agreed upon, the procedures set out in clauses 26 (a) and (b) of the Expropriations Act apply to the determination of such compensation, and such compensation shall be determined under section 27 of that Act or by the Ontario Municipal Board. R.S.O. 1990, c. O.13, s. 50.
Crossings with leave
51. (1) Any person who has leave to construct a line may apply to the Board for authority to construct it upon, under or over a highway, utility line or ditch. Procedure (2) The procedure set forth in subsections 49 (1) and (2) applies with necessary modifications to an application under this section. Order (3) Without any other leave and despite any other Act, where after the hearing the Board is of the opinion that the construction of the line upon, under or over a highway, utility line or ditch, as the case may be, is in the public interest, it may make an order authorizing the applicant so to do upon such terms and conditions as it considers proper. R.S.O. 1990, c. O.13, s. 51.
Right to compensation for damages during construction
52. Any person who has acquired land for the purposes of a line or station by agreement with the owner of the land shall make to the owner of the land due compensation for any damages resulting from the exercise of the person’s rights under the agreement, and, if the compensation is not agreed upon by them, it shall be determined in the manner prescribed by section 50. R.S.O. 1990, c. O.13, s. 52.
Right of entry and compensation
53. Any person, or a servant or agent of the person, who, (a) requires at any time to enter upon any land to gain access to a right of way established under this Part, or a predecessor thereof, for the purpose of maintaining, repairing, renewing or removing a line or part of it; (b) requires at any time to enter upon any land to gain access directly to the pipe line or any part thereof for the purpose of effecting emergency repairs to the pipe line, has the right to do so without the consent of the owner of the land so entered, and compensation for any damages resulting from the exercise of such right, if not agreed upon by such person and the owner of the land, shall be determined in the manner prescribed by section 50. R.S.O. 1990, c. O.13, s. 53.
Non-application
54. Where leave to construct a line has been granted under this Part, section 58 of the Public Utilities Act does not apply to such line. R.S.O. 1990, c. O.13, s. 54.
Inspectors
55. (1) One or more inspectors may be appointed under the Public Service Act for the purposes of this Part. Idem (2) The Minister may, with the approval of the Lieutenant Governor in Council, make regulations prescribing the duties of such inspectors. R.S.O. 1990, c. O.13, s. 55. PART IV   ENERGY RETURNS OFFICER
Energy Returns Officer
56. (1) There may be appointed under the Public Service Act an officer known as the Energy Returns Officer who shall assist the Board. Staff (2) The staff of the Energy Returns Officer shall consist of such deputy officers and employees as are considered necessary. Information privileged (3) Neither the Energy Returns Officer nor any of his or her staff shall be required to give testimony in any civil suit with regard to information obtained by him or her in the discharge of his or her official duties. No personal liability (4) Neither the Energy Returns Officer nor any of his or her staff is personally liable for anything done by him or her under the authority of this Act or the regulations. May take oaths (5) The Energy Returns Officer and every deputy officer has, for the purposes of this Act and the regulations, the same powers as a commissioner for taking affidavits in Ontario. R.S.O. 1990, c. O.13, s. 56.
Assistance
57. The Lieutenant Governor in Council may appoint from time to time one or more persons having technical or special knowledge of any matter in question to inquire into and report to the Energy Returns Officer and to assist the Energy Returns Officer in any capacity. R.S.O. 1990, c. O.13, s. 57.
Production of documents, etc.
58. The Energy Returns Officer may for the purposes of this Act and the regulations, by registered letter or by a demand served personally, require from any gas transmitter, distributor, storage company or associate any information relating to the business of transmitting, distributing or storing gas or transactions with gas transmitters, distributors or storage companies, or further explanation or details of such information or the production, or the production on oath, of any document or record connected with the business of transmitting, distributing or storing gas within such reasonable time as is stipulated in such letter. R.S.O. 1990, c. O.13, s. 58.
Power to enter, etc.
59. When authorized in writing by the chair of the Board in the form prescribed by the regulations, the Energy Returns Officer and every other person so authorized may, for the purposes of this Act and the regulations, at all reasonable times, enter into any premises or place where any gas transmitter, distributor, storage company or associate is carrying on business or keeps any document or record connected with the business of transmitting, distributing or storing gas, or connected with any transaction with a gas transmitter, distributor or storage company, or does or has done anything to any such document or record, and may examine any such document or record, and may conduct audits, and may require any such gas transmitter, distributor, storage company or associate or its officers or directors to give all reasonable assistance with such examination or audit and to answer all proper questions relating to the examination or audit, either orally or in writing, on oath or by statutory declaration, and may, upon giving a receipt therefor, remove any such document or record from such premises or place for the purpose of photocopying such document or record, provided that such photocopying is carried out with reasonable dispatch and such document or record is immediately thereafter returned to such gas transmitter, distributor, storage company or associate and the return thereof is acknowledged in writing. R.S.O. 1990, c. O.13, s. 59.
Notifying Board
60. The Energy Returns Officer shall notify the Board of all matters he or she thinks relevant to Board proceedings or possible future Board proceedings. R.S.O. 1990, c. O.13, s. 60.
Witnesses
61. (1) The Energy Returns Officer, any deputy officer, any person authorized by the chair of the Board in writing under section 59 and any inspector may be called as a witness by the Board. No privilege (2) No document, record or photocopy thereof in the hands of the Energy Returns Officer shall be excluded as evidence on the ground of privilege. Owner to be party (3) No document, record or photocopy thereof or any return made under this Part in the hands of the Energy Returns Officer shall be introduced in evidence in any proceeding unless the owner of the document or record or the maker of the return is a party to that proceeding or an associate of a party to that proceeding. R.S.O. 1990, c. O.13, s. 61.
Information confidential
62. (1) All information and material furnished to or received or obtained by the Energy Returns Officer, his or her deputy officers and employees or any person authorized by the chair of the Board in writing under section 59 is confidential. Idem (2) No person shall otherwise than in the ordinary course of his or her duties communicate any such information or allow access to or inspection of any such material. Offence (3) Every person who contravenes any of the provisions of subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. O.13, s. 62 (1-3). (4) Repealed: 1997, c. 37, s. 3 (11).
Not evidence in certain proceedings
63. No document, record or photocopy thereof or any return made under this Part is admissible in evidence in any proceeding except proceedings respecting an order of the Board or in summary proceedings with respect to offences under section 34. R.S.O. 1990, c. O.13, s. 63. PART V   MISCELLANEOUS
Conflict
64. (1) In the event of conflict between this Act and any other general or special Act, this Act prevails. Idem (2) This Act and the regulations prevail over any by-law passed by a municipality. R.S.O. 1990, c. O.13, s. 64. ______________ Français